HomeMy WebLinkAbout10/16/1990, 3 - ZONING TEXT AMENDMENT R 1487: CONSIDERATION OF A REQUEST TO AMEND THE ZONING REGULATIONS TO ALLOW N Ti� � - MffTING DATE:
IIW �h� � c� o San Luis OB�spo ;
COUNCIL AGENDA REPORT ME "Nu
FROM: Arnold Jonas, Community Development Director; By Jeff
Hook, Associate Planner
SUBJECT: Zoning Text Amendment R 1487: Consideration of a request
to amend the Zoning Regulations to allow neighborhood grocery
markets in the high-density residential ,zone; Ed Zorn, applicant.
CAO RECOMMENDATION: Pass-to-print ordinance amending the Zoning
and Sign Regulations to conditionally allow small grocery stores
in the high-density residential (R-4) zone, subject to the
recommended findings.
BACKGROUND
The applicant wants to amend the Zoning Regulations to allow retail
grocery stores in the high-density residential (R-4) zone. He
operates a 1600-square foot grocery store in Mustang Village, an
R-4 zoned student housing complex near Cal Poly University, and
needs the amendment to legalize the use. The store caters to the
convenience shopping needs of Mustang Village residents, selling
items like dairy products, meats, sandwiches, ice cream, school
supplies, books and magazines, bakery goods, and cleaning supplies.
The business is staffed by one full-time and two part-time
employees.
If the requested text amendment is approved, it would allow retail
grocery stores in high-density residential areas upon approval of
a Planning Commission use permit. These are residential areas
which allow up to 24 dwelling units per acre, and are clustered
near Cal Poly University, downtown, and near major employment areas
in the south central portion of the City.
SIGNIFICANT IMPACTS
No significant environmental impacts are likely. As explained
below, the text amendment's effects are expected to be very
limited, and individual proposals for neighborhood markets would
require environmental review on a case-by-case. basis.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
If the text amendment is not approved, the applicant will need to
either: 1) apply for a planned development rezoning to allow the
use at Mustang Village only; or 2) discontinue the use. If council
does not amend the zoning text, small neighborhood markets would
continue to beallowed only in commercial zones.
REPORT-IN-BRIEF
The report explains the potential role . of neighborhood grocery
markets for convenience shopping, and gives pros and cons of the
concept. It notes that close-to-home shopping opportunities
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are limited in the city, and notes that neighborhood markets could
promote general plan goals of encouraging non-vehicular
transportation and convenient neighborhood shopping. The report
identifies land use compatibility issues and recommends specific
review criteria to aid applicants, staff and the Planning
Commission in evaluating the appropriateness of small grocery
markets in high-density residential zones.
DATA SUMMARY
Applicant: Edward F. Zorn, Jr.
Zoning: R-4
General Plan: High-Density Residential
Environmental Status: Negative Declaration
DISCUSSION
Like many cities, San Luis Obispo,s zoning regulations have
excluded most commercial uses in residential zones. Retail sales,
offices, and restaurants have been prohibited due to concerns that
commercial uses would cause neighborhood land use conflicts. small
grocery stores, once common in most residential neighborhoods, have
been gradually disappearing -- due, in part, to changing shopping
habits, economic conditions, and zoning restrictions. The
convenience markets and "mom and pop" stores that persist in many
cities are legal, non-conforming uses. Existing market in a
residential zone which are destroyed or discontinued, are typically
precluded from re-establishment, and no new markets are allowed.
San Luis Obispo has taken a different approach. To help preserve
the few remaining local neighborhood markets like Gus' Grocery and
the High Street Market, they have been rezoned from residential to
neighborhood commercial (C-N) , and are now legal, conforming uses.
Nationally there is renewed interest in mixed-use residential
neighborhoods, and the topic has been addressed recently by Andres
Duany, Lane. Kendig and other planners as one aspect of "neo-
traditional town planning." With increased concern over traffic
congestion, air quality and energy consumption, some communities
have allowed limited commercial uses which support, and are
compatible with residential uses. The city of Santa Monica, for
example, allows neighborhood grocery stores in its medium and high-
density residential zones, subject to. conditional use permit
approval. Other communities as diverse as Santa Barbara, Portland,
and Fresno have also adopted mixed-use zoning provisions which
allow limited commercial uses in residential zones.
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PLANNING COMMISSION RECOMMENDATION
At its September 26, 1990 meeting the Planning Commission voted 4
to 3 to recommend that the City Council amend the Zoning
Regulations to allow small retail grocery stores in the high-
density (R-4) residential zone. Commrs. Schmidt, Karleskint, and
Gurnee were concerned with possible conflicts between neighborhood
markets and residential uses, and Commrs. Gurnee and Schmidt felt
that the text amendment should apply only to group housing
complexes in the High Density Residential zone (R-4) .
EVALUATION
Use Description
The grocery market which prompted this text amendment request began
in September 1988 under different ownership. The "Pony Express
Stop" is located in what was originally designed as a recreation
room. According to the Mustang Village management, the "rec room"
was rarely used, and the small market opened in response to student
demand. The market is open from 8 a.m. to 9 p.m. , Monday through
Friday; and 10 a.m. to 6 p.m. Saturday and Sunday. It has two
part-time employees and one full-time employee. The clientele is
primarily walk-in or bike-in, with bicycle parking and limited
guest parking used by employees.
The market serves residents of Mustang Village, and the two
neighboring student housing complexes, Stenner Glen and Woodside.
Together, the three complexes comprise a neighborhood onto
themselves, with a total school year population of about 1900
persons. Nearby, the University Shopping center has a supermarket,
bank, and other retail commercial uses; however that is the nearest
market and it is almost 1/4 of a mile away.
Review Strategies
The circumstances in this case seem to support a small market. The
text amendment, would however, apply citywide and similar markets
may not be economically viable or appropriate elsewhere except
under very special circumstances. Under the Zoning Regulations,
it appears that the only way to allow this use is: 1) to initiate
a new zoning designation, possibly a mixed-use overlay zone, which
would allow a mix of commercial and residential uses in certain
areas; 2) approve a PD rezoning of the site to allow the market
only at this site; or 3) amend the regulations to allow grocery
stories in certain zones, with conditional use permit approval.
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The first approach would be the most comprehensive, but is also the
most complex. The commission has discussed the concept of "mixed-
use zoning" in the context of the General'. Plan update; however this
approach appears to go well beyond the scope of the applicant's
request and might be more appropriate in the context of the General
Plan update hearings. The second approach would reduce land use
compatibility concerns, since it would affect only Mustang Village.
The intent of planned developments, however, is to encourage
innovative development by allowing more flexibility in design than
normal standards would allow -- not as a variance procedure to
allowed uses.
The third approach, as requested by the applicant, is the most
direct one. It may however, .raise compatibility concerns due to
its citywide application. If. the City Council supports the
applicant's request, this approach appears most appropriate
provided that: 1) the retail use is limited to small grocery
markets (a suggested definition is listed below) ; 2) the market is
subject to conditional use permit review; and 3) the market
complies with performance standards intended to protect neighbors
from incompatible commercial activities, maintain accountability
and responsibility to neighbors, and prevent .less compatible uses
like liquor stores, video arcades, and restaurants. /
General Plan Consistency
Land Use Element (LUE) policies provide for certain non-residential
uses, including new or existing neighborhood markets in residential
zones subject to special review, so this request is not likely to
conflict with city plans and goals. On the contrary, this
amendment may promote consistency with the LUE's residential land
use policies.
The LUE sets goals and policies for residential neighborhoods and
other land uses. It allows certain nonresidential uses in
residential neighborhoods, subject to special review:
"Nonresidential uses which serve neighborhood needs
(convenience shopping, schools, parks, day care centers,
churches, lodges, and similar public; or semipublic facilities)
should, however, be considered conditionally compatible with
residential environs, subject to evaluation of site
development plans."
City policies do not preclude "convenience shopping" from
residential neighborhoods; however they differentiate between the
"mom and pop" retail grocery store -- the subject of this request -
and "neighborhood convenience centers" of 2 - 5 acres in size
which cater to neighborhood convenience shopping needs. While the
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residential land use policies in the LUE seem to encourage limited
convenience shopping in residential areas, the neighborhood-
commercial policies seem to discourage new convenience markets in
residential zones.
The LUE encourages neighborhood-serving uses in the Neighborhood
Commercial zone (C-N) . These neighborhood centers are to be
located near residential neighborhoods, offer uses which cater to
local needs, and promote shorter automotive trips and "non-
vehicular convenience shopping". However C-N centers are not
dispersed evenly throughout the City, and many residential
neighborhoods do not have convenient shopping within walking or
biking distance.
A few isolated convenience stores , remain in residential
neighborhoods. The Zoning Regulations do not allow retail grocery
stores in residential zones, and the few remaining isolated
convenience stores have been zoned C-N. The LUE provides that:
"Scattered, small-scale convenience commercial stores within
established residential neighborhoods may be retained where
their operation has proven compatible with surrounding uses.
Existing stores should be evaluated as to the conditions and
character of their operations and encouraged to improve, where
necessary, to better integrate with surrounding residential
land uses."
The LUE's neighborhood-commercial policies imply that: 1)
convenience stores will be concentrated in neighborhood centers,
and not located singly in residential neighborhoods; 2) compatible
existing convenience stores may remain in residential neighborhoods
and even expand where they're compatible; however new
convenience stores may not locate in residential areas; and 3)
neighborhood commercial centers are considered better at meeting
residents' convenience shopping needs, and result in fewer land use
conflicts with residential neighborhoods than isolated convenience
stores.
Land Use
This amendment would apply to multi-.family residential zones where
small neighborhood grocery markets may be most economically
feasible, and where they can be operated compatibly with multi-
family housing. This request would affect a relatively .small
residential area within the City. The City has about 128 acres of
R-4 zoned land, and of that, about 7 acres are vacant. Of the
total residential acreage, only about 5 .1/2 percent is zoned R-4.
Almost 75 percent of the residential land is designated for low-
density residential use
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Land use concerns with convenience stores can include increased
neighborhood traffic, parking conflicts, increased noise,
littering, lighting glare, esthetic impacts (commercial signage,
architecture) , loitering, and crime. - The obvious appeal of
neighborhood markets is easier shopping for convenience items,
reduced vehicle traffic and easier shopping for pedestrians or
bicyclists, and a renewed focus on the neighborhood for meeting
basic residential necessities close-to-home.
Neighborhood markets would need to meet existing performance
standards for noise, glare, odor, and landscaping. Due to the
sensitivity of commercial uses in residential zones, staff
recommends that additional standards or conditions be applied to
neighborhood grocery markets, and these are discussed below. For
this amendment, the Planning Commission recommends that "retail
sales - neighborhood grocery market" be defined as:
"A store with a gross floor area not exceeding 2500 square
feet, selling a full range food products including meat,
dairy, vegetable, fruit, dry goods, and beverages, and
catering primarily to customers who arrive by foot, bicycle,
or other non-motorized transportation. "
Recommended Development Standards
The following standards would apply to neighborhood grocery markets
through conditions of use permit, or modify the Municipal Code as
noted:
1. Allowed Use: Retail sales - Neighborhood Grocery Market.
Amend Chapter 17.22, Table 9 Uses Allowed By Zone, as follows:
"Retail Sales - Neighborhood Grocery Market. Allowed with
Planning Commission use permit in the R-4 zone."
2. Parking. The parking space requirements, Section 17.16.060
(Table 6) , should be modified as follows:
"Retail Sales - Neighborhood Grocery Market. A minimum of two
spaces per business for employee parking, and a total of no
more than five spaces per business shall be allowed. At least
five bicycle parking spaces shall be provided per business.
This parking standard reflects the purpose of neighborhood markets:
to serve the convenience shopping needs of neighbors living within
a few blocks of the use. It encourages pedestrian and bicycle
traffic -- not motorists. Curbside parking would be used for
short-term parking during business hours. Under current parking
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standards, a 2500 sq. ft. grocery market would require 137Z�han
(one space per. 200 sq. ft. gross floor area) . Rath
accommodate or encourage motorists, :the recommended parking
standard discourages car traffic often associated with high-volume
convenience stores. The "Pony Stop" would meet this standard.
3. Signage. Amend the Sign Regulations, Section 15.40.130 to
allow the following signage:
"3. Retail Sales - Neighborhood Grocery Market: One wall,
window, or awning sign on each frontage or building face
having a public entrance, with a total sign area not to
exceed ten percent of the building face area occupied by
the business or tenant, and not to exceed fifty square
feet. "
In the R-4 zone, the Sign Regulations allow one identification sign
of up to ten square feet on each frontage of a planned residential
development, apartment or condominium complex, or group quarters.
The C-N zone allows up to one hundred square feet of sign area per
business or tenant. The recommended standard is similar to the one
applying to professional offices, and has allowed adequate, small-
scale signs in mixed office/residential neighborhoods.
4. Maximum Size. Gross floor area shall not exceed 2500 square
feet per business. Floor area for accessory residential use
shall not be counted toward the allowed market floor area.
5. Height, Setback, Lot Coverage, and Density. Neighborhood
grocery markets shall comply with the height, setback, and
coverage requirements for the residential zone in which it is
located. A market with a gross floor area of 1500 square feet
or less shall count as one (1) density unit for the purposes
of calculating density under Section 17.16.010; neighborhood
markets with a gross floor area greater than 1500 square feet
shall count as two (2) density units.
.17
6. Loading and Deliveries. One curbside or off-street loading
space shall be provided per business. Loading and deliveries
shall be permitted only between the 'hours of 8 a.m. and 9 p.m.
7. Hours of operation, Neighborhood grocery markets shall open
for business no earlier than 7:30 a.m. , and shall close no
later than 10 p.m.
S. Alcohol Sales. Neighborhood grocery markets shall be limited
to the sale of beer and wine only, where allowed by the
Planning Commission. The sale of liquor or distilled spirits
shall be prohibited.
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9. Performance Standards. Neighborhood grocery markets shall
comply with Performance Standards, Chapter 17.18 of the Zoning
Regulations. In addition, all exterior trash enclosures,
outdoor storage, heating or cooling equipment, refrigerators,
and similar equipment shall be visually screened, and located
and/or designed to avoid noise, odor, glare, or vibration
impacts to neighboring properties. .
10. Architectural Review. Neighborhood' grocery markets shall be
compatible with neighboring structures in terms of scale,
massing, architectural style or character, colors and
materials, access, exterior lighting and landscaping.
Exterior changes shall require architectural review, as
provided in Chapter 2.48 of the Municipal Code.
11. Good Neighbor Plan. In addition to standard submittal
requirements, applicants for a neighborhood grocery market
shall submit a Good Neighbor plan with their request. The
plan shall include the following:
A. A conflict mediation and response program, outlining
responsible parties, phone numbers, steps to be taken to
address common neighbor concerns, and remedies for
neighbor or City in the event of non-compliance with use
permit conditions or the Good Neighbor Plan. The plan
should also outline measures to be taken to inform
neighbors (within 300 feet of the property boundaries of
the market site) of the plan..
B. Recycling/litter control program designed to encourage
recycling and reduce litter. It should include customer
awareness activities, store policy on accepting and
storing recycled containers, - providing at least one
exterior litter receptacles near each entry, and periodic
litter pick-ups sponsored by store owners in cooperation
with neighborhood. or civic groups.
C. Crime prevention and emergency response program,
identifying measures to be taken to: provide security for
employees and customers, provide training for employees
in identifying and handling problems situations, and
signage and sales techniques to: discourage alcohol abuse.
ALTERNATIVES
The council may: 1) Continue the item for additional information
or discussion; 2) Deny the text amendment and direct the applicant
to pursue a planned development rezoning to allow the market use;
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3) Initiate a new mixed-use zone designation which would allow the
market use; or 4) Consider the text amendment as part of the
General Plan update, and defer enforcement action until the matter
is resolved.
RECOMMENDATION
Pass-to-print the attached ordinance amending the Zoning and sign
Regulations to conditionally allow neighborhood grocery markets
in the R-4 zones.
Attachments:
-Draft Ordinance
-Exhibit "A"
-Vicinity map
-Applicant's letter
-Site Plan
-Initial Environmental Study, ER 17.-90
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ORDINANCE.NO. (1990 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING AND SIGN REGULATIONS TO CONDITIONALLY ALLOW
NEIGHBORHOOD GROCERY MARKETS IN THE HIGH_-DENSITY RESIDENTIAL ZONE
(R-4) , 81487.
WHEREAS, the Planning Commission and the City Council have
held hearings to consider the text amendment request to allow small
retail grocery stores in high-density residential zones, R 1487;
and
WHEREAS, the text amendment has been evaluated according to
the California Environmental Quality Act and the City's
Environmental Guidelines, and has been granted a negative
declaration (ER 17-90) ; and
WHEREAS, the City Council makes the following findings;
Findings:
1. The proposed Zoning Regulations text amendment will not
adversely affect public health, safety and welfare.
2. The proposed text amendment to allow neighborhood grocery
markets in high-density residential zones conforms to the
General Plan.
3. The proposed text amendment promotes General Plan goals by
encouraging bicycling and walking to meet neighborhood
commercial shopping needs, and by establishing special
development standards for compatibility with residential uses.
NOW THEREFORE BE IT ORDAINED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Zoning Teat Amendment, allowed uses. Amend
Chapter 17.22 of Zoning Regulations, Table 9 Uses Allowed By Zone,
as follows:
"Retail Sales — Neighborhood Grocery Market. Allowed with
Ordinance No. (1990 Series)
Page 2
Planning Commission use permit in the R-4 zone. "
SECTION 2. Neighborhood Market Defined and Development
Standards. Amend the R-4 Zone description, Chapter 17.30 of Zoning
Regulations to add the following development standards for
neighborhood grocery markets:
Section 17.30.030. Neighborhood Grocery Market defined:
"A store with a gross floor area not exceeding 2500
square feet, selling a full range food.products including
meat, dairy, vegetable, fruit, dry goods, and beverages,
and catering primarily to customers who arrive by foot,
bicycle, or other non-motorized transportation. "
Section 17.30.040. Development Standards for neighborhood grocery
markets:
A. Maximum Size. Gross floor area shall not exceed 2500 square
feet per business. Floor area for accessory residential use
shall not be counted toward the allowed market floor Vea.
B. Height, setback, Lot Coverage, and Density. Neighborhood
grocery markets shall comply with the height, setback, and
coverage requirements for the residential zone in which it is
located. A market with a gross floor area of 1500 square feet
or less shall count as one (1) density unit for .the purposes
of calculating density under Section 17.16.010; neighborhood
markets with a gross floor area greater than 1500 square feet
shall count as two (2) density units.
C. Loading and Deliveries. One curbside or off-street loading
space shall be provided per business. Loading and deliveries
shall be permitted only between the hours of 8 a.m. and 9 p.m.
D. Hours of Operation. Neighborhood grocery markets shall open
for business no earlier than 7:30 a.m. , and shall close no
later than 10 p.m.
E. Alcohol Sales. Neighborhood grocery markets shall be limited
to the sale of beer and wine only, where allowed by the
Planning Commission. The sale of liquor or distilled spirits
shall be prohibited.
F. Performance Standards. Neighborhood grocery markets shall
comply with Performance Standards, Chapter 17.18 of the .Zoning
Regulations.' In addition, all exterior trash enclosures,
outdoor storage, heating or cooling equipment, refrigerators,
and similar equipment shall be visually screened, and located -
and/or designed. to avoid noise, odor, glare, or vibration
3-, 1
O Ordinance No. (1990 Series)
Page 3
impacts to neighboring properties. .
G. Architectural Review. Neighborhood grocery markets shall be
compatible with neighboring structures in terms of scale,
massing, architectural style or character, colors and
materials, access, exterior lighting and landscaping.
Exterior changes shall require architectural review, as
provided in Chapter 2.48 of the Municipal Code.
H. Good Neighbor Plan. In addition to standard submittal
requirements; applicants for a neighborhood grocery market
shall submit a Good Neighbor plan with their request. The
plan shall include the following:
(1) A conflict mediation and response program, outlining
responsible parties, phone numbers, steps to be taken to
address common neighbor concerns, and remedies for
neighbor or City in the event of non-compliance with use
permit conditions or the Good Neighbor Plan. The plan
should also outline measures to be taken to inform
neighbors (within 300 feet of the property boundaries of
the market site) of the plan. :
C (2) Recycling/litter control program designed to encourage
recycling and reduce litter. It should include customer
awareness activities, store policy on accepting and
storing recycled containers, providing at least one
exterior litter receptacles near each entry, and periodic
litter pick-ups sponsored by store owners in cooperation
with neighborhood or civic groups.
(3) Crime prevention and emergency response program,
identifying measures to be taken to: provide security for
employees and customers, provide training for employees
in identifying and handling problems situations, and
signage and sales techniques to discourage alcohol abuse.
SECTION 3. Zoning Text Amendment, required parking. The
parking space requirements, Section 17.16.060 (Table 6) of Zoning
Regulations should be modified as follows:
"Retail Sales - Neighborhood Grocery Market. A minimum of two
spaces per business for employee parking, and a total of no
more than five spaces per business shall be allowed. At least
five bicycle parking spaces shall be provided per business.
SECTION 4. Amend Sign Regulations. Amend the Sign
ORegulations, Section 15.40.130 to allow 'the following signage:
Ordinance No. (1990 Series)
Page 4
113. Retail Sales - Neighborhood. Grocery Mar-ket: One wall,
window, or awning sign on each frontage or building face
having a public entrance, with a total sign area not to
exceed ten percent of the building face area occupied by
the business or tenant, and not to exceed twenty four
square feet."
SECTION S. APPROVE NEGATIVE DECLARATION. In compliance with
Section .15074 of the CEQA guidelines, the City Council approves the
Negative Declaration and finds that, on the basis of the project's
Initial Study and comments received that there is no substantial
evidence that the project will have a significant effect on the
environment.
SECTION 6. This ordinance, together with the names of
councilmembers voting for and against, shall be published once in
full, at least (3) days prior to its final passage, in the
Telegram-Tribune, a newspaper published and circulated in this
city. This ordinance shall go into effect at the expiration of
thirty (30) days after its final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City
of San Luis Obispo at its meeting held on the day of
1990, on motion of , seconded
by and on the .following roll call vote:
AYES:
NOES:
ABSENT:
3 ���
Ordinance No. (1990 Series)
Page 5
Mayor
ATTEST:
City Clerk
CAPPROVED:
't A inistrative Officer
�. i��tc¢rtayn �{7y Ci ro�irC(on�pno�
City Attorney
Communit Development, Director
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DRAFT - - PROPOSED ZONING TEXT (MANGE;^ '.487
-Table 9 Ulowed by'Lone R-i I R-2 R-3 R-A C/OS
Uses O" PF C•N GC C-R C-T I C•S M
Rctail sales- building and landscape mat-
crials(lumberyards,nurseries,floor and D A I A i A i
wall coverings,paint,glass stores,etc.)
i I
Retail sales-appliances, furniture and I
furnishings,musical instruments;data
processing equipment,business,office
and medical equipment stores;catalog A A D
stores;sporting goods,outdoor supply
As A A D
Retail sales and repair of bicycles
Retail sales and rental-autos.trucks, D A PC '
motorcycles,RV's
Retail sales-auto parts and accessories D A A PC
acept tires and batteries as principal use
A A PC
Retail sales-tires and batteries
Retail sales and rental-boats,aircraft, A PC
mobile homes
Retail sales-groceries.liquor and
specialized foods(bakery.meats,dairy A A A PC D
items,etc.)
J
Retail Sales - Neighborhood PC
Grocery Market
Retail sales-general merchandise(drug, j
hardware,discount,department and
%ariety stores) i
-15.000 square feet or less gross floor A A A I PC
area per establishment
-15,001 to 60.000 square feet gross floor PC A A PC
area per establishment I I
more than 60,000 square feet gross PC D PC
floor area per establishment i
Retail sales and rental-specialties(shoe i
stores,clothing stores,book/recordl l 1
videotape stores,toy stores,stationery V A A I
stores,gift shops
Schools I
A D D D �
-Nursery schools,child day care PC PC D D I
•Elementary,junior high,high schools; PC PC . D D D I D I i
schools for disablecli'handic►pped i
•Colleges/universities
A•Allowed D-Direcroi s approval regwred PC'P'; usInning comitar t on listedappros required A/D-Dir!
The director shall determine if a proposed.unlisted use is similar to a listed use.Numbered Worcs are at end o[chart.
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C JUL 27 S90
July 27,1990 C4:.e.Jr.I.•S M-W
cry-��.r... •v.rn�.
City of San Luis Obispo
990 Palm Street
San Luis Obispo CA 93403-8100
Jeff Hook
Associate Planner
Subject: Zoning text amendment at 1 Mustang Drive (R1487)
Dear Mr.Hook:
I response to your letter for clarification of my request.
for a zoning text amendment,I an sending the following
information.
The requested amendment is to allow operation of a r4tail
grocery business at the above location which is in alL R-4
zone. The retail sales would include items such as milk and
dairy products,meats,sandwiches,ice cream,school supplies,
books and magazines,bakery items,and cleaning supplies. The
business is staffed with myself and two part time student
employees.
Since the customer base is composed entirely of people living
in the Mustang Village complex,there is no adverse impact
upon parking in the area. All deliveries to the store are
unloaded at a curb approximately 75 feet from the entrance
in a loading zone.
In reference to the City General. Plan section 2 - Residential
,Land Use Objectives-item G,I,feel that this business is
consistent with the last paragraph which reads
Nonresidential uses which serve neighborhood
needs (convenience shopping,schools,parks,day care
centers,churches,lodges,and similar public or semipublic
facilities) should,however,be considered conditionally
compatible with residential enviorns,subject to evaluation
Of site development plans." It would also be beneficial in
maintaining a low impact on traffic patterns in the area,
since no people would be coming into the area to patronize
the business.
I -would propose changing the wording of section 3, paragraph j
A-1 from:"neighborhood convenience' centers(2-5 acres !
depending on neighborhood size)",to read:"neighborhood
convenience businesses whose service area will require
shorter automotive trip distances and will encourage
nonvehicular convenience shopping."
There are presently several examples of this type of
business located in R-1 areas in San Luis Obispo. These are:
Gus's Grocery,1638 Osos Street;McMillan & Wife Market,1599
Monterey Street;and Westbrook's Hi Street Market1350 High
Street.
The Pony Express Stop blends in harmoniously with the
neighborhood and we generate no disturbing noise or activity
to disturb the residents.
Sincerely,
Edward F.ZorQar.
1 Mustang Drive
San Luis Obispo,CA 93405
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City of Sail luis omsp0
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INITIAL STUDY OF ENVIRONMENTAL IMPACT
STTE LOCATION Citywide - APPLICATION NO. ER 17-90
PRalEcroEscRtprto Aclmd Zoning Regulations to allow v all retail stores in
High-density residential zones, subject to use permit amr0
APPLICANT.-'
PPLICANT Ed Zorn, Jr.
STAFF RECOMMENDATION:
NEGATIVE DECLARATION MITIGATION INCLUDED
EXPANDED I_NIT AJSTUDY R ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPARED BY Jeff Ho or
Planner _ DATE 8/2..21I/90
COMMUNITY DEVELOPMENT OR'S Ai ON11 DATE 41�
SUMMARY OF INITIAL STUDY FINDINGS
DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
IL POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANS AND GOALS...........................6....................... NOT16
B. POPULATION DISTRIBUTION AND GROWTH.......................................... .. None
C. LAND USE'........................:.................._...........................
•Mone*
0: TRANSPORTATION AND CIRCULATION ..................... :None......................... - - -
E. PUBLICSERVICES.................... NDne
F. LTTILTTIES............... ............................................:... None
G. NOISE LEVELS ................................................................... None
H. GEOLOGIC d SEISMIC HAZARDS i TOPOGRAPHIC MODIFICATIONS .................... *?tee
L AIR OUALITY AND WIND CONDITIONS............................................... None
J. SURFACE WATER FLOW AND QUALITY ............................................ PloTle
KPLANT LIFE......................:................................................ None
L ANIMALLIFE............ None
M. ARCHAEDLOGICAuNISTORICAL................................................... None
None
N. AESTHETIC............................................ .....................
None
.. ....................O. ENERGYRESOURCEUSE..............................
P. OTHER ................................. ............................ NOne
OUL STAFF RECOMMENDATION NEGATIVE DECIARATIEZl .
'SEE ATTACHED REPORT rias
3 _ ��
Initial Environmental Study, ER 17-90
Page 2
I. PROJECT DESCRIPTION
The applicant has requested an amendment to the Zoning Regulations to allow retail
grocery stores in the high-density residential (R-4) zone. He operates a 1378-square foot
grocery store in Mustang Village, a student housing complex near Cal Poly University,
and needs the amendment to legalize the use. The store caters to the convenience
shopping needs of Mustang Village residents, selling items like dairy products, meats,
sandwiches, ice cream, school supplies, books and magazines, bakery goods, and cleaning
supplies. The business is staffed by one full-time and two part-time employees.
If the requested text amendment is approved, it would allow retail grocery stores in high-
density residential areas upon approval of a Planning Commission use permit. High-
density residential neighborhoods allow up to 24 dwelling units per acre, and are
clustered near Cal Poly University, downtown, and near major employment areas in the
south central portion of the City.
II. POTENTIAL IMPACT REVIEW
A Community Plans and Goals
The Land Use Element (LUE) sets goals and policies for residential neighborhoods as
well as other land uses in the City. It allows certain nonresidential uses in residential
neighborhoods, subject to special review.
"Nonresidential uses which serve neighborhood needs (convenience shopping,
schooL%parks, day care centers, churches, lodges, and similar public or semipublic
facilities) should, however, be considered conditionally compatible with residential
environs, subject to evaluation of site development plans."
City policies do not preclude "convenience shopping" from residential neighborhoods;
however they differentiate between the "mom and pap" retail grocery store— the subject
of this request — .and "neighborhood convenience centers" of 2 - 5 acres in size which
cater to neighborhood convenience shopping needs. While the residential land use
policies in the LUE seem to encourage limited convenience shopping in residential areas,.
the neighborhood-commercial policies seem to discourage new convenience markets in
residential zones.
The LUE encourages neighborhood-serving uses in the Neighborhood Commercial zone
(C-N). These neighborhood centers are to be located near residential neighborhoods,
offer uses which cater to local needs, and promote shorter automotive trips and "non-
vehicular convenience shopping". However ON centers are not dispersed evenly
throughout the City, and many residential neighborhoods do not have convenient
shopping within walking or biking distance.
Initial Environmental Study, ER 17-90
Page 3
A few isolated convenience stores remain in residential neighborhoods. The Zoning
Regulations do not allow retail grocery stores in residential zones, and the few remaining
isolated convenience stores have been zoned C-N. The LUE provides that:
"Scattered, small-scale convenience commercial stores within established residential
neighborhoods may be retained where their operation has proven compatible with
surrounding uses. Existing stores should be evaluated as to the conditions and
character of their operations and encouraged to improve, where necessary, to
better integrate with surrounding residential land uses.'
The LUE's neighborhood-commercial policies imply that: 1) convenience stores will be
concentrated in neighborhood centers, and not located singly in residential neighborhoods;
2) compatible existing convenience stores may remain in residential neighborhoods — and
even expand where they're compatible; however new convenience stores may not locate
in residential areas; and 3) neighborhood commercial centers are considered better at
meeting residents' convenience shopping needs, and result in fewer land use conflicts with
residential neighborhoods than isolated convenience stores.
Significant Impact: None. In balance, LUE policies can accommodate certain non-
residential uses, including new or existing neighborhood markets in residential zones
subject to special review, so this request is not likely to conflict with city plans and goals.
On the contrary, a text amendment to conditionally allow convenience stores in certain
residential zones may promote consistency with the LUE's residential land use policies.
These issues will be evaluated by the Planning Commission and City Council at public
hearings regarding the proposed amendment
C. Land Use
The text amendment would apply to multi-family residential zones where small
neighborhood grocery markets may be most economically feasible, and where they can
be operated compatibly with multi-family housing. The City has about 128 acres of R-
4 zoned land, and of that, about 7 acres are vacant. Of the City's total residential
acreage, only about 5 1/2 percent is zoned R-4. Almost 75 percent of the residential
land is designated for low-density residential use (R-1). Hence, this request affects a
relatively small residential area within the City.
As a minimum, neighborhood markets would need to comply with existing City
performance standards for parking, noise, glare, odor, and landscaping. Consequently,
no significant environmental effects are likely. Minor land use conflicts will be resolved
through project review and ultimately, through enforcement of conditions of use permit
approval.
City policies are aimed at protecting residential neighborhoods from encroachment by
incompatible uses. Historically, small retail grocery stores were common in residential
areas and met the _convenience shopping- needs of nearby residents. Lifestyle,
transportation, and marketing changes contributed to a decline in the numbers of small
Initial Environmental Study, ER 17-90
Page 4
neighborhood markets, although some still remain. Where they do exist, they meet
convenience shopping needs within walking and biking distance of nearby residents.
Other communities, for example Portland, Oregon and Santa Monica, California have
adopted ordinances 'which allow neighborhood stores subject to various performance
standards. Preparation of a "good neighbor plan" outlining measures to be taken to
control littering and lighting glare, maintain landscaping, prevent parking problems, and
to mediate conflicts is a basic requirement for convenience stores in Portland's residential
neighborhoods. Similar measures are likely to be included as conditions of use permit
approval if this use were allowed in City of San.Luis Obispo.
Significant Impact: None. As part of Planning Commission review, these and other
issues will be evaluated and conditions imposed on a ease-by-case basis to insure
compatibility with adjacent land uses: However.the demand for small-scale, neighborhood
grocery markets appears limited. Economics and public preference now favors larger-
scale, automobile-oriented commercial centers over the traditional neighborhood market.
Consequently, the text amendment is not expected to result in significant environmental
effects. New neighborhood markets may pose minor land use conflicts; however those
conflicts are best resolved through use permit review.
Attachments: Applicant's project description, Land Use Element Excerpts.
Jh/er17-90.wp `
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IPFF
C. Medium-density residential development, allowing a maximum of 12
dwelling units per acre, shall be encouraged in close proximity to
neighborhood and community commercial and public facilities. where I
utilities, circulation. and neighborhood character can accommodate
such development. Medium-density projects should be designed to be
compatible with neighboring low-density development.
d. Medium-high-density residential development. allowing a maximum is
dwelling units per acre. shall be encouraged in areas substantially
committed to this type of development, close to community commercial.
centers and public facilities.
C. High-density residential development, allowing a maximum 24 dwelling
units per acre, shall be encouraged in areas adjacent to major
concentrations of employment, college enrollment, or business
activity. where existing development of similar character. as well as
utilities, circulation, and public facilities. can accommodate such
intensity. High-density development should be designed to provide a
transition between less intense residential uses and nonresidential
uses.
t. Residential densities are expressed as the number of dwellings per
net acre of site area. Based on unit occupancy characteristics. the
Population impact within multifamily areas shall be equalized so far
as possible by relating densities to a 'standard dwelling unit' of
two bedrooms.. More or fewer units will be allowed according to the
type of units proposed. aiming for population densities of
approximately 25, 40 and 55 persons per acre for medium-,
medium-high- and high-density multifamily residential areas, `
respectively.
S. Residential neighborhoods should be separated from incompatible
nonresidential land uses and buffered from major circulation
facilities. New residential developments or redevelopments involving
largescale sites (expansions of existing neighborhoods or major
infill and intensification areas) should be designed to orient
low-density housing to local access streets and medium- or
high-density housing to driveways accessible from collector streets.
Major arterial streets through residential areas shall provide only
limited private access or controlled street intersections. and
adjoining residential use should be spatially separated or otherwise
insulated from adverse noise and other traffic impacts. Residential
areas should be protected from encroachment by detrimental
commercial. industrial or agricultural activities. and existing
incompatible uses should be abated or mitigated. . Nonresidential uses
which serve neighborhood needs (convenience shopping, schools, parks.
day care centers,c1prehes�. g'es, and similar public or semipublic
facilitiCs).sh0uld,Doyepet:-"'eon idered'eonditiotially compatible
with residential environs, subject to evaluation of site development
plans.
.3
3-
( � h. All residential development proposals should be designed to achieve -
full use of special site potentials such as natural terrain, views,
vegetation, creek environs or other features, and to mitigate or
avoid special site constraints such as climatic conditions, noise,
flooding, slope instability, or ecologically sensitive surroundings.
They should be compatible with present and potential adjacent land
uses. Designs for residential uses should include: provisions for
privacy and adequate usable open space orientation and design to
provide shelter from prevailing winds and adverse weather, yet enable
use of natural sunlight, ventilation and shade; provide pleasant
views to and from the development; provide safety, separate vehicular
and pedestrian movements and adequate parking for residents and
guests; and sufficient provision for bulk storage, occasional loading
and service or emergency vehicle access
3. Commercial and Industrial Land Use Objectives
The policies, goals and implementation measures outlined in Growth
Management Objectives and in the Historical and Architectural Conservation
and Public Facilities Elements related to commercial and industrial land
uses should serve as general principles in the priority and review of
intensity and design of commercial and industrial development.proposals.
Commercial and industrial uses should be developed in appropriate areas
where the natural slope of the land is less than 10 percent. Commercial
^ and industrial uses should have service access from the city's arterial
rte/) and collector street system so as to avoid the concentrated use of
residential streets for truck delivery and customer traffic.
a. Neighborhood Convenience Commercial Policies
1. The city should support the concept of neighborhood convenience
centers (2-S acres depending on neighborhood size) whose service area
will require shorter automotive trip distances and will encourage
nonvehicular convenience shopping.
2. Increased demand for neighborhood commercial facilities created
by infill and intensification of residential areas should be met by
making more-efficient use of existing neighborhood centers and by
expansion of existing centers into adjacent nonresidential areas.
3. The city should evaluate the need for and desirability of
additions to existing neighborhood commercial centers as specific
development proposals are made. Criteria for evaluating such
proposals are:
(1) Uses are in fact those which will serve nearby residents, not
the community as.a whole.
(2) Expansion areas have access from arterial streets.
(3) Expansion areas will reduce the arca used by or designated for
offices or service commercial uses and not areas designated for
or used by residences
4. New convenience centers within residential suburban expansion areas
should be permitted only when it is clearly demonstrated that
population density and excessive commuter distances to existing
facilities would warrant such a development.
5. Convenience commercial centers should have direct service access from
the city's arterial and collector circulation system so as to avoid
the concentrated use of residential collector or local streets for
truck delivery and customer traffic:
6. Scattered, small-scale. convenience commercial stores within
established residential neighborhoods may retained where their
operation has proven compatible with surrounding uses Existing
stores should be evaluated as to the conditions and character of
their operations and encouraged to improve, where necessary. to
better integrate with surrounding residential land uses Where
J evaluations show compatibility and/or lack of market needs. the city
should prohibit the intensification and/or expansion of isolated
neighborhood commercial facilities and should provide for their
long-term replacement with land uses typical of the surrounding
neighborhood.
7. Scattered convenience commercial uses within retail or industrial 4
districts should be consolidated to form more efficient convenience
centers or relocated to more suitable sites adjacent to residential
districts
S. Specialized retail stores, and recreational uses may be established
within neighborhood commercial areas so long as (1) individually,
thein size would not constitute a major citywidc attraction and (2)
cumulatively. they would not displace more general, convenience uses.
b. Professional Office Policies
1. Professional office uses should be encouraged to develop in
peripheral areas of the Central Business District and other
specialized centers such as medical complexes to (1) take advantage
of close proximity to governmental and retail uses in the downtown.
and (2) provide a transition between the heavily used central,
commercial core and surrounding residential neighborhoods
2. Isolated office uses within residential areas or convenience
commercial centers should be discouraged. Top priority should be
given to infill of professional office development in areas adjacent
to the Central Business District. Continued use and limited
expansion of office areas outside the periphery of the Central
Business District may be provided for only when such areas (1) have
direct access from other than residential streets, and will not
15 % 1
WE�ING AGENDA
Y� �
1J." Lrnt
MEMORANDUM
[:]rr* Actkm
Q FYI
DUTO: Honorable Mayor and City Council Member �Q�G ❑ FK DIR
FROM: Arnold B. Jonas�Community Development ❑ FIRECHEF
JEY ❑ Fwnm❑ FOUCEepi.
DATE: October 16, 1990 ❑ MGNT.TEAM ❑ RECDM
❑ CRFADFAE ❑ UnLD&
SUBJECT: Public Hearing Item Number 3 T, 7-
ZONING REGULATIONS AMENDMENT
The Planning Commission has recommended approval of this item based
on an interest in providing for convenience shopping for residents
of high density neighborhoods throughout the City. They envisioned
the greatest number of customers coming from immediately
surrounding residential development on foot or bicycle.
Subsequent to Commission action, continuing staff analysis by
several Departments has raised concern for two issues which Council
should take into consideration when making your final decision on
the matter.
1. Alcohol sales. Given the demographics of high density
residential areas in our community, and the .prominent part
alcohol plays in times of civil disobedience, it is the strong
recommendation of the City Attorney and Police Chief that
sales of alcoholic beverages of any type not be allowed in the
proposed neighborhood grocery markets. Such a modification to
the Commission recommendation would not affect the basic
intent (staff understands that the Mustang Village Facility,
for example. - does not sell acohol) , and could help forestall
future problems.
If the Council concurrs, Section 2. E. of the proposed
Ordinance should be amended to read:
E. Alcohol Sales. Neighborhood grocery markets shall be
prohibited from the sale of any form of alcoholic
beverage.
2. Required parking. The Fire Chief has expressed concern for the
manner in- which parking might be provided under the proposed
ordinance for neighborhood grocery markets located within
large residential complexes. He presently experences a problelk
of blocked fire lanes in many such developments (even without
the proposed markets) , attributes the problem to insufficient
parking on site, and is concerned that the reduced parking
standard proposed will exacerbate the problem.
OCT 1 6 1990
C:.1 Y i; CqK
SAN LUIS 061SpQ CA
Other senior staff are also concerned that the proposed
C' ordinance would allow regular franchise convenience markets
to locate as "stand alone" units, not associated with large
residential complexes, and take advantage of the reduced
parking requirement.
If the Council shares these concerns, alternatives to the
recommended action could be to strike proposed ordinance
Section 3, thus eliminating the reduced parking standard and
requiring compliance with the current standard of one parking
space per 200 square feet of gross floor area. Or, the reduced
standard could be allowed as an exception (with the approval
of the required use permit) upon a showing by the applicant
that the market facility would draw the bulk of its customers
on foot or bicycle, and is an accessory use only to a larger
residential complex. If the Council favors the latter course
of action, Section 3. , paragraph two of the proposed ordinance
should be amended to read:
"Retail Sales - Neighborhood Grocery Market. As an
accessory use to a residential development under one
ownership and containing a minimum of fourty (40)
individual dwelling units, two (2) spaces for employee
parking plus one space per 500 square feet of gross floor
area and a minimum of five (5) bicycle parking spaces
shall be provided per business."
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